Mr Peter Nganga Mburu, Ms Caroline Nabalayo Kituyi, and Ms Gladys Mwikali Muyanga now want the High Court to suspend an ongoing trial by the anti-corruption court’s Chief Magistrate Lawrence Mugambi.
The three were accused of failing to carry due diligence in the registration of titles for three parcels of land in Embakasi, which led to the loss of Sh221 million after the owners sought compensation for their land for construction of SGR.
Three registrars jointly charged with former National Land Commission (NLC) chairman Muhammad Swazuri have petitioned the High Court to overturn a decision by magistrate that blocked the Director of Public Prosecutions from dropping charges against them.
Mr Peter Nganga Mburu, Ms Caroline Nabalayo Kituyi, and Ms Gladys Mwikali Muyanga now want the High Court to suspend an ongoing trial by the anti-corruption court’s Chief Magistrate Lawrence Mugambi, pending the determination of their petition.
The three were accused of failing to carry due diligence in the registration of titles for three parcels of land in Embakasi, which led to the loss of Sh221 million after the owners sought compensation for their land for construction of the standard gauge railway line.
They had initially challenged their charges, saying they acted in good faith but the High Court dismissed the case in 2018 after Justice Hedwig Ong’udi said they had failed to demonstrate how their rights have been violated.
And last month, the DPP sought to terminate the charges against them stating that he had received information, which necessitated the move.
Mr Mugambi, however, declined the request saying the DPP failed to give sufficient reasons for the decision. “Whoever moves to court for any orders, including the DPP in an application for withdrawal must provide the court with sufficient reasons to assist the court in determining the matter,” he said.
The magistrate said the DPP has no choice but to provide the court with the precise reason for making the application for withdrawal.
He said a general statement that he has received new information and has in his wisdom decided to withdraw the charges is too wide and ambiguous.
In the trial, Prof Swazuri is facing charges together with 16 others including former Kenya Railways boss Atanas Maina over irregular payments to landowners to pave way for the SGR.
Mr Mburu, Ms Kituyi and Ms Mwikali, who have been accused of irregularly issuing titles to three landowners including Olomotit Estates Ltd and Dasahe Investment have said they cannot be held personally liable for lawfully discharging their duties as Registrars.
They have argued that their main functions are registration of titles and registration of transactions affecting land and issuance of searches, and they thus occupy the tail end of the land tilting processes and are not the ones responsible for assigning or allocating land rights.
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